Opinion 98-8 Page 1 of 1
7/24/98
STATE OF WASHINGTON
ETHICS ADVISORY COMMITTEE
OPINION 98-8
Question
May a judicial officer hear cases involving an attorney
who is purchasing a house from the judicial officer on a
real estate contract?
A civil attorney is proposing to buy rental property
from a judicial officer.
Answer
CJC Canon 2(A) provides in part that judges should
conduct themselves in a manner that promotes public
confidence in the integrity and impartiality of the
judiciary. Canon 2(B) provides in part that judges should
not convey or permit others to convey the impression they
are in a special position to influence them. Canon 5(C)(1)
provides that judges should refrain from business and
financial dealings that tend to reflect adversely on their
impartiality, interfere with the proper performance of their
judicial duties, or involve them with lawyers likely to come
before the court on which they serve. Finally, Canon
5(C)(3) provides that judges should manage their investments
and other financial interests to minimize the number of
cases in which they are disqualified.
Based on the foregoing provisions of the Code of
Judicial Conduct, a judicial officer may not hear cases
involving an attorney who is purchasing a house from the
judicial officer on a real estate contract if the attorney
appears before the judicial officer on a regular basis. If
however, the attorney appears before the judicial officer
infrequently, the judicial officer may disclose the
contractual relationship to the parties and their attorneys
on the record and offer to withdraw. If all parties agree
on the record that the judicial officer may hear the matter,
the judicial officer may preside.